INDECENT EXPOSURE -- ELEMENTS
No person may be convicted of indecent exposure unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, and in a lewd manner;
Third, exposed his/her person/penis/vagina;
Fourth, in a (public place)/(place where there were present other persons to be offended/annoyed thereby).
Statutory Authority: 21 O.S. Supp. 2000, § 1021(A)(1).
It is not necessary for the indecent exposure to have occurred in a public place in order for it to be a crime. Martin v. State, 1983 OK CR 168, ¶¶ 4-5, 674 P.2d 37, 39-40.
In Vanscoy v. State, 1987 OK CR 50, ¶¶ 9-10, 734 P.2d 825, 827-28, the Oklahoma Court of Criminal Appeals affirmed the trial court's decision not to give additional instructions concerning the crime of outraging public decency or setting out First Amendment guidelines and standards applicable to prosecution for sexual misconduct and obscenity.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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